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Experience a wonderfully varied and easy-paced trek through the stunning Annapurna region, while lodging in quaint Track...
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Welcome to the Kingdom of Bhutan and the start of your eye-opening adventure! The transfer to Thimphu is approximately 1 ½ hours and upon arrival and after settling in; you will have the choice of the National Memorial Chorten, weekend market, and perhaps time to stroll the Main Street for some interesting Himalayan artifacts or textiles.
This morning you will head to the north end of the valley to view Trashi Chhoe Dzong, the seat of Bhutan's government and Royal offices, and pay a visit to Pangri Zampa, two 16th century buildings that now house a monastic training school for astrologers. At the head of the valley, should you wish to stretch your legs, a short hike will take you to Cheri Goemba, the monastery where the first monastic body was established in the Kingdom. Back in town you should be able to visit a few of the capital's cottage industries ranging from traditional paper making to hand rolled incense.
An early departure for a dramatic drive over the high mountain passes of Yotongla and on to the Phobjika Valley. The journey continues over the 11,234ft mountain pass where on a clear day, towering Himalayan peaks are clearly visible. The descent down through the Punakha Valley along the Kingdom's only east-west highway continues on through the scenic village of Wangdi. Carrying on the highway follows the scenic Dang Chhu before climbing through forests of bamboo and oak, and just before crossing the Pele La pass, a small side road splinters off to the hidden Phobjika Valley. On arrival you will have time to visit the striking Gangtey Goemba, sitting at the head of the valley, and perhaps strolling through the quaint Gangtey village or hike amongst the beautiful valley behind the lodge.
This morning will start with a visit to the Black Neck Crane Center and dependent on the season, time spent in the Center's nearby hide is a must to view the breeding cranes. Various walks or a mountain bike ride through this magnificent valley can be arranged. Soaking up the beauty of the valley from the Lodge or returning to the revered Goemba for an audience with the Tulkul may be attractive, relaxing alternatives for the day.
Today's journey onward to Jakar (Bumthang) is perhaps long, but certainly memorable. Following a brief stop at Chendebji Chorten, which according to belief was built to cover the remains of a demon spirit, you will carry on to what was the original home of the royal family. Upon reaching Trongsa you may take time to stroll this quaint village and official business permitting, perhaps visit the Trongsa Dzong, ancestral home to Bhutan's monarch where you will often find novice monks reciting mantras or practicing on sacred horns, flutes or drums. The drive onward to Bumthang takes you over the picturesque Yotong La and down into the Chhume Valley, home of Bhutan's famous Yatra weaving. Here you will have a chance to browse the traditional textiles and perhaps see the weavers create their intricate handiwork.
This morning you will explore our neighbouring palace, Wangdichhoeling, home to the 2nd King, and the auspicious prayer wheels next door. Heading up valley, you will take in the grand Kurjey Lhakhang, considered one of Bhutan's most auspicious monuments, that was once the resting place of Guru Rimpoche, and Jambay Lhakhang, home to the early winter festivals that draw thousands of Bhutanese for their annual blessings. Heading back into town and across the Bumthang Chhu, you will enjoy a visit to the sin alleviating Tamshing Monastery followed by quick visits to the valleys unique cottage industries – Red Panda Brewery, Bumthang Cheese/Dairy Facility and the Bumthang Distillery, home to numerous distinctive spirits.
We opt for an early departure for a dramatic drive over the high mountain pass of Dochu La and on to the Punakha Valley. Sights on the way include the 17th century Simtokha Dzong, and ancient wall paintings at the Hongtsho Goemba monastery. The journey continues over the 3,050m mountain pass where on a clear day, towering Himalayan peaks are clearly visible. The descent down through the Punakha Valley along the Kingdom's only east-west highway will loop you through the Valley of Wangdi where you can visit the rustic Wangdiphodrang Dzong and perhaps the local town temple next door. This afternoon you will have a choice to visit the village of Talo, home of the Queens' and the valley's protective deity lhakhang. Later in the afternoon a hike to an ancient monastery on the hilltop behind the lodge can be organized.
Your day begins with a hike up through fields along the banks of the Mo Chhu to the upper end of the valley to the Khamsum Yuelley Namgyal Chorten. Returning down you will have plenty of time to take in the impressive Punakha Dzong, Shabdrung Nawang Namgyal, and the winter residence of the monastic order's leader and his entourage of monks. A picnic lunch will be served on the banks of the Punak Chhu at a vantage point of the stunning Dzong and confluence of the Mo Chhu and Pho Chhu. Following lunch a quick drive will take you to the village of Talo where you will stop to walk the stunning, quiet grounds of the village temple and perhaps visit the home village of the Kingdom's four Queens.
After descending back down from Dochu La, you will follow your way back up the dramatic Wang Chu and Paro Chu river valleys, before crossing through Paro Town towards the north end of the valley. Here, set in a pine forest, you will find the Amankora lodge and its spa. In the afternoon, there is an opportunity for a quick stroll to the nearby ruins, a visit to some of the valley's oldest and holiest religious monuments or a ramble down Paro's main street. Evenings at Amankora may include informative lectures on the history, religion, flora and fauna of the region or an intriguing movie on the Himalayas.
The day starts with a visit to the National Museum, housed in the Ta Dzong (watchtower). Here, an intriguing collection of artefacts provide a wonderful introduction to the rich culture and heritage of the Kingdom. Just a short walk downhill lies the dominating Paro Dzong, fine example of Bhutanese historic architecture. The tour crosses Nyamai Zampa, a traditional cantilever bridge, and drive on to the town temple. Paro options include picturesque picnic spots or, perhaps, a visit to a traditional farmhouse to lunch with the family. In the afternoon, hike up to view one of Bhutan's most revered monuments, the Taktshang Goemba, more commonly referred to as the "Tiger's Nest". The four-hour trek offers spectacular views of this sacred monastery perched on a cliff face 900m above the valley floor.
Today marks the end of your unique journey. After breakfast and hotel check out we will transfer you to the airport in time for your onward departure journey.


text: Mountain Valley Education Association v. MSAD #43 Board of Directors, MLRB No. 93-15 (Aug. 19, 1993), aff'd, No. CV-93-437 (Me. Super Ct., Ken. Cty., Apr. 8, 1994), aff'd, 655 A.2d 348 (Me. 1995) STATE OF MAINE MAINE LABOR RELATIONS BOARD Case No. 93-15 Issued: August 19, 1993 _______________________________________ ) MOUNTAIN VALLEY EDUCATION ASSOCIATION, ) ) Complainant, ) ) v. ) ) DECISION AND ORDER MSAD #43 BOARD OF DIRECTORS, ) Chairperson CAROLINE DEFIORE, ) Superintendent WILLIAM RICHARDS ) and ANNALEE Z. ROSENBLATT, ) ) Respondents. ) _______________________________________) This case was commenced on December 4, 1992, when the Mountain Valley Education Association ("Association") filed a prohibited practices complaint with the Maine Labor Relations Board ("Board") alleging that the MSAD #43 Board of Directors, Chairperson Caroline Defiore, Superintendent William Richards and Annalee Z. Rosenblatt (collectively "MSAD 43") had violated 26 M.R.S.A. 964(1)(A) and (E) (1988). More specifically, the Association alleges that MSAD 43 unlawfully disregarded multiple Association bargaining demands and unlawfully refused to implement an interest arbitrator's binding determination respecting duration of agreement. The complaint also avers that MSAD 43 unlawfully attempted to implement its "last best proposal" and unlawfully "attempted to enroll employees in one health insurance plan while implementing a lesser one in the contract." The Association requests the award of attorney fees and costs. MSAD 43's December 30, 1992, response answers that it "implemented its last best proposal concerning wages and medical insurance after exhausting the impasse procedures, including interest arbitration and further negotiations after each step of the procedure." MSAD 43 further answers that it "implemented all -1- other portions of the contract upon receipt of the arbitrator's award." On February 26, 1993, Board Chair Peter T. Dawson conducted a prehearing conference in this matter. Maine Teachers Associa- tion UniServ Director J. Donald Belleville represented the Association, and Labor Negotiator/Management Consultant Annalee Z. Rosenblatt represented MSAD 43. At prehearing, the parties agreed that the pleadings together with exhibits admitted at prehearing would constitute the entire record. The parties waived oral argument and agreed to a briefing schedule. Chair Dawson's March 3, 1993, Prehearing Conference Memorandum and Order is hereby incorporated in and made a part hereof. During the briefing period, the parties submitted additional exhibits and an agreement regarding certain portions of the pleadings. In response to an inquiry by Board staff regarding the precise contents of the record to be considered by the Board, the parties submitted a partial clarification of the record. The last of the parties' briefs was received on May 17, 1993, and on May 19, 1993, the final version of the parties' stipulations was filed with the Board. The Board, consisting of Chair Dawson, Employee Representative George W. Lambertson and Employer Repre- sentative Howard Reiche, Jr., met to deliberate the case on June 2, 1993, and decided, among other things, to request clarifi- cation of the wage increases implemented by MSAD 43. The parties responded to the request; the record was closed on July 20, 1993. JURISDICTION The jurisdiction of the Board to hear this case and to render a decision and order lies in 26 M.R.S.A. 968(5) (1988 & Supp. 1992). Neither party has challenged the Board's juris- diction. -2- STIPULATIONS The parties submitted the following stipulations: 1. Caroline Defiore is the current duly elected chairperson of the M.S.A.D. No. 43 Board of Directors. 2. William Richards is the current duly elected Superintendent of M.S.A.D. No. 43. 3. Annalee Z. Rosenblatt is employed by the Directors as Chief Negotiator and is the representative of the Directors. 4. The Association is the bargaining agent for the educational technicians in a bargaining unit covered by a con- tract between the Directors and the Association. 5. Vicki Amoroso is presently President of the Association. 6. Karen Hodsdon is, at all material times herein, the Chief Negotiator for the educational technicians. 7. Negotiations for a first contract agreement between the Association and the Directors have been in progress since June 30, 1990, when the Association sent its proposal to the Direc- tors. 8. The negotiations between the parties for this first contract has been long and arduous. 9. Rosenblatt met with Association representative Debra Stevens, an NEA intern from Massachusetts working under the direction of J. Donald Belleville, on September 7 and 10, 1990. The negotiating teams for both parties met for the first time on September 24, 1990, and again on October 2 and October 18, 1990. 10. On October 2, 1990, the parties signed groundrules for negotiations that provided, "The parties shall meet as mutually scheduled. Meetings will be scheduled in advance and several at -3- a time." These groundrules were signed by Ms. Rosenblatt on behalf of the Respondent. 11. At the first negotiating session, the Board presented to the Association a spread sheet representing current costs, including salary and benefits. The parties agreed that the Association would check the information and once it was correc- ted, it would remain the base cost for the purpose of the negoti- ations. At the next two or three sessions, the Association pro- vided corrections and clarifications. At the October 2, 1990, negotiations meeting, it was agreed the negotiations data was correct and would be the basis for costing all future proposals. Although such agreement was reached between Rosenblatt and Stevens, the parties had no idea the bargaining process would take so long. 12. The Complainant has had 6 representatives at different times during these negotiations as follows: Debra Stevens, NEA intern, September 7, 10, and 14. October 2, and 18, 1990. Stevens worked under the supervision of Belleville and he was present at some of the aforementioned meetings. J. Donald Belleville, MTA Affiliate Services Director, January 29, 1991, mediation session. Cheryl Lunde, MTA Affiliate Services Director, March 12, 1991, mediation session. Glen Williams, UniServ Director from New York, April 23, 1991, mediation session. J. Donald Belleville, June 27, 1991, October 23, and November 16, 1991, fact-finding session; December 23, 1991, negotiations session; May 18, 1992, arbitration hearing. Jessie Bennett, NEA intern, October 13, 1992, post- arbitration negotiations session. Bennett worked under the supervision of Belleville and he was present at some of the aforementioned meetings. Neither the Respondent nor mediator was advised of the substitute -4- representatives until the parties actually appeared at the session. The constant changes and substitutions delayed bargain- ing and reaching tentative agreements. 13. On October 22, 1990, the Association filed for mediation with the Maine Labor Relations Board. Joseph Stupak was appointed as mediator. 14. Three mediation sessions were held on January 29, March 12, and April 23, 1991. 15. On April 24, 1991, the Association filed for the appointment of a fact-finding panel with the Maine Labor Relations Board. 16. Fact finding could not be scheduled between June 27, 1991, and October 23, 1991, because of scheduling conflicts among the parties and the fact finders. 17. The Association made its original salary and medical insurance proposal, among others, in a document dated June 5, 1990, and did not modify either the medical insurance or salary proposal until the submission of its fact-finding brief, received by the Respondent June 21, 1991. The proposed increased cost of the salary proposal alone, as projected by the Respondent, for a one-year contract was 29.17 percent. 18. A fact-finding session was scheduled for June 27, 1991, before a panel which consisted of Harold L. Gosselin, Employer Representative, Charles R. Priest, Employee Representative, and Dr. Stanley Devino, Chairperson. Although the parties met, the hearing was cancelled due to the Chairperson's health-related unavailability. 19. On June 27, 1991, the first scheduled day of fact finding, J. Donald Belleville and Annalee Rosenblatt reached 10 tentative agreements from the issues that were the subject of -5- fact finding. 20. Subsequent to this date, almost each and every time Mr. Belleville attended the negotiations sessions and represented the Association, tentative agreements were reached and other issued were further narrowed. 21. A fact-finding session was scheduled for October 23, 1991. A fact-finding hearing was held on November 16, 1991. A report was issued dated November 26, 1991. 22. At the November 16, 1991, fact-finding session, the Complainant presented exhibits which presented proposed costs based on information that was different than what was agreed would be used, but, again, this resulted from the fact that the parties had no idea the bargaining process would take so long. 23. The Complainant continued to use this information at the arbitration hearing May 18, 1992. The Complainant also raised, for the first time, that the information concerning Ed. Tech. II's and Maine State Retirement was incorrect as presented by the Respondent. This statement required additional follow-up to the arbitration panel and in fact, the information presented by the Respondent was correct. The offering of this information by the Complainant at this late time was poised to make it appear the Respondent was misrepresenting the facts to the arbitration panel. Again, however, the parties had no idea the bargaining process would take so long. 24. On December 23, 1991, the parties met to discuss the fact finders' report. Several issues remained outstanding and the parties agreed to submit them to arbitration. 25. On May 18, 1992, a hearing was held before an arbitra- tion panel which consisted of Shawn C. Keenan, Esq., as the Association's Representative, David Plimpton, Esq., as the Directors' Representative, and Lawrence E. Katz, Esq., as -6- Chairperson. 26. The following issues were submitted to arbitration: Reduction-in-force (bumping rights); Work Day/Work Year (length of day/year and lunch period); Resignations; Sick Leave (amount, accumulation and family care); Other Paid Leaves; Holidays; Course Reimbursement; Health Insurance (plan, cost and eligibi- lity); Retirement Payment; Association Rights; Administrative Fee for Pay Deductions; Duration; and Wages. 27. J. Donald Belleville was not available to meet due to vacation and out-of-state commitments during most of the months of July and August, 1992. 28. Annalee Z. Rosenblatt was the agent for the Respondent during all times during these negotiations, but the Complainant bypassed her and contacted either the Superintendent or Board Chairman directly regarding the scheduling and progress of negotiations, to inquire about the Board's position on the arbitration report, and to report the Complainant's position on the arbitration report, despite the Complainant's knowledge that all meetings were scheduled by and through Ms. Rosenblatt and that Ms. Rosenblatt was and continues to be the designated agent of the Board for these negotiations. 29. An arbitrators' report was issued, dated July 9, 1992, in which the arbitrators made recommendations on wages, insurance and retirement payment, and made determinations of all other issues including a two-year duration of agreement. 30. On August 7, 1992, Karen Hodsdon sent a letter to Superintendent Richards indicating that the educational techni- cians had accepted the arbitrators' report by ratifying " . . . their contract as negotiated and arbitrated . . . " and requested the Directors' " . . . status concerning the contract." 31. Richards met with Amoroso on or about August 17, 1992, -7- concerning the issue of the bargaining unit seniority list among other issues. Amoroso spoke with Superintendent Richards concerning why there was a lack of action on the part of the Directors to get the contract settled. This meeting was not a part of the parties' formal collective bargaining negotiations; it constituted merely a query. 32. From time to time throughout the bargaining, drafts of tentative agreements to date were presented to the Complainant by the Respondent for review and correction as necessary, including to the fact-finding panel and the arbitration panel. By letter dated September 15, 1992, a draft of the proposed agreement was sent to the Complainant by the Respondent which included all tentative agreements to date and the binding portions of the arbitrator's award for review and correction by the Complainant. Along with this the Respondent sent a written last best proposal to the Complainant for review and comment. 33. In a letter dated August 28, 1992, to Chairperson Defiore, Vicki Amoroso requested a meeting to discuss the arbitration report. 34. In correspondence dated September 15, 1992, to J. Donald Belleville, Annalee Z. Rosenblatt enclosed " . . . a draft of the proposed collective bargaining agreement . . . " and a " . . . last best proposal . . . " on wages, medical insurance, sick leave (retirement payment), and duration. 35. On September 28, 1992, Vicki Amoroso sent a ten-day notice to Superintendent Richards to meet and negotiate the non- binding portions of the arbitrators' report. 36. In a letter dated October 1, 1992, to J. Donald Belleville, Annalee Z. Rosenblatt confirmed the date for a meeting between the parties. 37. Between the receipt of the arbitrators' report, on or -8- about July 13, 1992, and October 12, 1992, the Directors failed to meet with the Association's negotiating team in spite of several requests. 38. On October 13, 1992, the parties met to discuss the draft of the proposed contract and to discuss the Directors' "last best offer." The Directors did not make any firm propos- als, but the Association made some counterproposals and the retirement payment issue was resolved. 39. On October 13, 1992, the parties met to discuss the last best proposal of the Respondent. At this meeting the Complainant finally made several corrections and additions to the draft of the tentative agreements. The Complainant did not agree to the Respondent's last best proposal but made a proposal which the Respondent negotiating team agreed to present to the entire Board. The only differences in the proposals were as follows: Complainant: Blue Cross Blue Shield Major Medical UCR would be printed into the contract and paid at 100% for current enrollees, paid at 100% of the individual premium for new enrollee; grandfather current "double dippers" on medical insurance and the Respondent's language for all new enrollees on "double dippers." Respondent: Maine School Management Association Health Insurance Trust Plan III or a comparable plan, no "double dipping," selection of a better plan or additional family coverage at employee's expense; implement a section 125 to pay the premium difference; Board would contribute $144.12 per month for the individual coverage, $324.29 per month for 2 person coverage and $394.91 per month for family coverage; new enrollees $144.12 per month. Complainant: Salary effective July 1, 1991 - June 30, 1992, year 1 and .10 per hour more than the Respondent's proposal for year two. Respondent: Salary effective January 1, 1992 - June 30, 1992, year 1 and .10 per hour less than the Complainant's proposal for year two. -9- 40. During the October 13, 1992, meeting, the Association informed the Directors that the duration of agreement was a binding determination. 41. In a letter dated November 3,1992, to J. Donald Belleville, Annalee Z. Rosenblatt informed the Association of the Directors' "last best proposal . . ." which she was authorized to offer and implement. The "last best proposal" includes wages, medical insurance, sick leave (retirement payment), and duration of agreement. 42. By letter dated November 3, 1992, the Respondent modi- fied its last best proposal as follows: Same as listed in paragraph 14 above except for medical insurance which would be paid as follow: $158.25 per month for single coverage, $356.09 for 2 person coverage and $433.63 for family coverage. All new enrollees at $158.25 per month. 43. On November 3, 1992, the Association filed for mediation concerning wages, health insurance, and duration of agreement. 44. In the letter dated November 3, 1992, Annalee Z. Rosenblatt stated "[E]mployees will be provided with medical insurance enrollment forms so they can be covered effective December 1. It is hoped that the enrollment forms and Section 125 election will be sent to them in their paychecks this week. Because the current insurance plan is comparable to MSMA Plan III, no employee will be required to transfer from the current carrier at this time." 45. The Complainant filed again for mediation on November 4, 1992. Mediation has been scheduled for January 21, 1993. 46. On November 5, 1992, in a telephone conversation with Jesse Bennett, Jr., an intern working with J. Donald Belleville, Annalee Z. Rosenblatt clarified and confirmed that the educa- -10- tional technicians would get the current Blue Cross/Blue Shield insurance plan at MSMA Plan III rates and that the MSMA Plan III language would go into the contract. 47. On November 20, 1992, the Directors implemented their "last best proposal" on wages by including a wage increase in the employees' paychecks. 48. Insurance enrollment forms were distributed on or about November 23, 1992. 49. On November 23, 1992, the Directors implemented their "last best proposal" on insurance by informing employees that beginning December 1, 1992, they will begin contributing toward the cost of their insurance premium. Employees were informed what, if any, their share of the insurance premium costs would be effective December 1, 1992. 50. On November 23, 1992, the Directors implemented their "last best proposal" on insurance when employees were informed on or about November 23, 1992, that consistent with its last best proposal the District would no longer pay insurance premiums for employees covered by medical insurance somewhere else and that such would be effective December 1, 1992. 51. The Respondent implemented its last best proposal concerning wages and medical insurance after exhausting the dispute resolution procedures, including interest arbitration and further negotiations after each step of the procedure. The Respondent implemented all other portions of the contract upon receipt of the arbitrator's award. This included resolving a grievance in favor of the Complainant filed against action taken by the Respondent before receipt of the interest arbitration award. 52. The Complainant employees continue to be enrolled in the Maine Teachers Association Blue Cross Blue Shield, Major Medical -11- UCR Plan because the Respondent believes such plan is comparable to the Maine School Management Plan III. FINDINGS OF FACT Upon review of the exhibits stipulated by the parties as part of the record, the Board makes the following additional findings: 1. In 1989, when the Rumford School Department left School Union 25 and joined the Mexico schools in MSAD 43, each employer had both aides and assistants on their payrolls. Aides in Mexico were covered by a collective bargaining agreement that set their rates of pay and gave them fully paid health insurance. Aides in Rumford, who were covered by individual contracts only, were receiving a higher salary than aides in Mexico, but no paid health insurance. At the time of the merger, the combined group of aides was permitted to decide which contract(s) would apply to them pending negotiation of a new collective bargainiing agreement; they chose the lower pay and paid health insurance in the Mexico contract. 2. Neither group of assistants was covered by a collective bargaining agreement at the time of the merger. Under individual contracts, Mexico assistants were receiving paid health insurance and lower pay than Rumford assistants, who were not receiving paid health insurance. As a group, assistants opted for the higher pay and no health insurance coverage pending negotiation of a collective bargaining agreement. 3. The two groups -- aides and assistants -- were placed in one bargaining unit, a bargaining agent was elected, and negotia- tions began in June of 1990. 4. The interest arbitrators' binding determination, issued on July 9, 1992, imposed a two-year contract covering 1991-92 and 1992-93. -12- 5. After receipt of the arbitrators' report, MSAD 43 made a "last best proposal" to the Association on, among other things, wages and medical insurance. For aides, it proposed a step increase plan and two across-the-board increases; the first was higher than the arbitrators had recommended, but for a shorter time period (6 months of retroactivity rather than a year). For the second year of the contract, it offered the across-the-board increase that the arbitrators had recommended. For assistants, who had not been on a step increase plan, the employer offered a step increase plan retroactive for six months, rather than the one year that the arbitrators had recommended. The employer did not accept the recommendation for an across-the-board increase for the second year, but offered a 2 percent raise for any assistant not eligible for a step increase. While it did not adopt the arbitrators' recommendation on health insurance, it did make some changes in its previous offer. It increased the caps (premium amounts to be paid by the employ- er) for single and two-person coverage (but reduced the cap for family coverage); and it offered to contribute to a higher- coverage plan than it had offered previously. 6. On November 28, 1992, MSAD 43 sent the Association a final copy of the new agreement between the parties. It included MSAD 43's last best proposals on wages, insurance and duration of agreement. DISCUSSION At issue in this case are three major questions: 1) whether the MPELRL permits a public employer to unilaterally implement its last best offer on wages, pensions and/or insurance once parties have reached impasse in contract negotiations; 2) if it does, whether the parties have reached a bona fide impasse in this case; and 3) whether MSAD 43 has violated its duty to bargain by refusing to implement a binding interest arbitration decision on duration of agreement. -13- Right to implement last best offer For mandatory subjects other than wages, pensions and insurance, the MPELRL requires parties who are unable to reach agreement to submit their dispute(s) to binding interest arbitra- tion. 26 M.R.S.A. 965(4) (1988).1 No such requirement exists for salaries, pensions and insurance: on these subjects, interest arbitrators make recommendations for settlement, not binding determinations. The MPELRL is silent as to how disputes on salaries, pensions and insurance are to be finally resolved.2 Since at least 1978, the Board has interpreted Maine's public sector collective bargaining statutes to permit an employer to implement its last best offer on wages, pensions and/or insurance once negotiations between the employer and the bargaining agent have reached a bona fide impasse. MSEA v. State of Maine, No. 78-23, 2 NPER 20-11024 (Me.L.R.B. July 15, 1978), aff'd sub nom. State of Maine v. MLRB, 413 A.2d 510 (Me. 1980) (bona fide impasse is one of four exceptions to unilateral change rule). The Association asks that we abandon this reading of the collective bargaining statutes, since the conditions laid out in Auburn Firefighters Association Local 797 v. City of Auburn, No. 89-01, 11 NPER ME-20003 (Me.L.R.B. Mar. 31, 1989) cannot be met. More specifically, recognizing the impasse doctrine in the public sector improperly terminates bargaining; absolves public employers from the duty to participate in good faith in the dispute resolution procedures contained in the collective bar- gaining statutes; and denigrates the bargaining agent, since public employees in Maine have no right to strike in response to _________________________ 1Maine's three other collective bargaining statutes contain parallel provisions. 2The economic weapons available to employers and employees in the private sector for breaking an impasse -- strikes and lockouts -- are not available. -14- the economic coercion implicit in the impasse doctrine. The Association also points to section 965(1)(C) of the MPELRL, which states that "neither side shall be compelled to agree to a pro- posal or be required to make a concession." While we recognize the frustrating position in which Maine's public employees find themselves, we find untenable the Associa- tion's suggestion that we abandon the impasse doctrine. As MSAD 43 points out, bargaining on salaries, pensions and insurance would never end. We believe that the Legislature excepted these subjects from binding arbitration not because it believed bar- gaining on these subjects should go on forever, but because of a judgment that public sector employers must ultimately have a larger measure of control over the major aspects of their budgets. This view is supported by section 965(2)(B) of the MPELRL, which requires participation in mediation when either party requests mediation services prior to arbitration, and by the 120-day rule for demanding negotiations over matters requiring the appropriation of money, found in section 965(1)(E). Nor can we accept the Association's argument regarding section 965(1)(C).3 The right of an employer, under the National Labor Relations Act ("NLRA"), to implement its last best offer at impasse is clear. NLRB v. Katz, 369 U.S. 736 (1962). Yet the NLRA contains language virtually identical to the language in section 965(1)(C).4 We must assume that the Maine Legislature was aware of these facts when it included section 965(1)(C) in the MPELRL. Had it intended to reject federal precedent regard- _________________________ 3As mentioned earlier, that provision states that "neither side shall be compelled to agree to a proposal or be required to make a concession." 4 29 U.S.C.A. 158(d) (1973 & Supp. 1993). This provision has been interpreted simply to prevent the National Labor Relations Board from imposing contract terms on a party as a remedy for a violation of the duty to bargain. H.K. Porter Co. v. NLRB, 397 U.S. 99 (1970). -15- ing the impasse doctrine, it could have done so explicitly. Whether these parties reached impasse Negotiations for a first contract for the new aides and assistants' bargaining unit began in June of 1990. After several meetings, the Association filed for mediation on October 22, 1990. Three mediation sessions occurred. On April 24, 1991, the Association filed for fact finding. On the first day scheduled for fact finding, the parties reached ten tentative agreements on matters still in dispute. Negotiations between the parties continued, and a fact-finding report was issued on November 26, 1991. The parties met on December 23, 1991, to discuss the report. Several issues remained in dispute, and the parties agreed to submit them to arbitration. Among those issues were wages, health insurance (plan, cost and eligibility), retirement, and duration of agreement. An arbitration hearing was held on May 18, 1992, and the arbitrators' report was issued on July 9, 1992. The report included recommendations on wages, insurance and retirement pay- ments, and binding determinations on all other issues, including duration of agreement. The Association made informal inquiries regarding finaliza- tion of a contract in August of 1992. It also made several requests to meet. By letter dated September 15, 1992, MSAD 43 sent the Association a draft contract and a "last best proposal" on wages, medical insurance, retirement payment and duration of agreement. The offer on retirement was what the arbitrators had recommended. The offers on wages and medical insurance were both better than what MSAD 43 had previously offered, though in most respects not what the arbitrators had recommended. On September 28th, the president of the Association sent the superintendent of MSAD 43 a 10-day notice to bargain on the non-binding portions of the arbitrators' report. In a letter dated October 1, 1992, MSAD -16- 43 confirmed the date for a meeting between the parties. On October 13th, the parties met to discuss the letter. They were able to resolve the issue of retirement pay. At the same October 13th meeting, the Association made a counterproposal regarding medical insurance and wages. MSAD 43's negotiating team agreed to submit the counterproposal to the entire MSAD 43 Board of Directors. In response, the Board of Directors authorized its negotiating team to make a medical insurance offer that increased the caps for single, two-person and family coverage. That offer was made by letter dated November 3, 1992. In the same letter, MSAD 43 informed the Association that employees would be provided with medical insur- ance enrollment forms so that they could be covered as of Decem- ber 1, 1992. It also stated that employees currently enrolled in the MTA Blue Cross Blue Shield plan would not be required to transfer to the Maine School Management plan at that time, since SAD 43 considered the two plans to be comparable (MSAD 43's offer was to contribute to the MSM plan III or a comparable plan.) On November 3, 1992, the Association filed for mediation on wages, health insurance and duration of agreement. It filed for mediation again on November 4th. On November 20, 1992, MSAD 43 implemented its "last best proposal" on wages by including a wage increase in employees' paychecks. It implemented its "last best proposal" on health insurance on November 23rd by informing employees that effective December 1st, employee contributions to health insurance would begin. Employees were also notified of what, if any, their share would be. The notice also stated that as of December 1st, MSAD 43 would no longer pay premiums for employees covered by insurance elsewhere. Eligible employees continue to be enrolled in the MTA Blue Cross Blue Shield plan. In asserting that impasse has not occurred, the Association has not suggested that MSAD 43 began negotiations in June of 1990 with the intention of bargaining to impasse rather than reaching -17- agreement, or that it otherwise failed to bargain in good faith up to and through interest arbitration.5 In its brief, the Association asserts that the parties have not reached impasse in part because of its belief that the Board should abandon the impasse doctrine, and in part because of two alleged per se violations of the duty to bargain in good faith after arbitra- tion: failure to respond to a 10-day notice to bargain, and implementation of the employer's last best offer on wages and insurance after the Association had requested post-arbitration mediation. In its complaint, the Association more broadly alleges continued disregard of the Association's request for a meeting between July 13, 1992 and October 1, 1992, and enrollment of employees in one health insurance plan while implementing a lesser one in the parties' contract. Neither of these last two allegations is addressed in the Association's brief, although the parties stipulated to facts that relate to these two allegations. a. failure to respond to requests to bargain In connection with recommendations and findings made in interest arbitration on the subjects of salaries, pensions and insurance, section 965(4) of the MPELRL states that the arbitra- tors may in their discretion make them public. Either party may do the same, "if agreement is not reached with respect to such findings and recommendations within 10 days after their receipt from the arbitrators." Thus, the statute contemplates that on salaries, pensions and insurance, the parties will participate in further negotiations for some reasonable period of time after receiving the arbitrators' report, a reasonable period being no less than ten days. _________________________ 5Accordingly, the factors for determining whether an impasse has been reached that are cited in Auburn Firefighters Associ- ation, Local 797 v. Valente, No. 87-19, 10 NPER ME-18017 (Me.L.R.B. Sept. 11, 1987), are irrelevant to this case and will not be addressed. -18- The parties have stipulated that there were no negotiation meetings between July 13, 1992 and October 12, 1992, in spite of several requests by the Association that the parties meet. They have also stipulated that those requests to bargain were directed to either the superintendent or the chairman of the MSAD 43 Board of Directors and not to the person designated as MSAD 43's chief negotiator. Furthermore, the Association did not send MSAD 43 a formal, 10-day notice to bargain until September 28, 1992.6 Although that notice too was sent to the superintendent rather than the chief negotiator, by October 1st the chief negotiator had sent the Association a letter confirming the date that had been agreed to for a meeting (October 13th). Since one of the parties' ground rules for negotiation stated, "The parties shall meet as mutually scheduled. Meetings will be scheduled in advance and several at a time," and the Association agreed to the date of October 13th, we decline to find that MSAD 43 committed a per se violation of the duty to bargain. Even if we were to find that a technical violation occurred, the violation would not warrant a further finding that MSAD 43 had not fulfilled its duty to continue negotiations for a reason- able time after receiving the arbitrators' recommendations. On September 15th it augmented its offer on wages and health insur- ance. On November 3rd, it further improved its health insurance offer in response to the meeting between the parties on October 13th. We find that these efforts to reach settlement satisfied the requirements of section 965(4). _________________________ 6Section 965(1)(B) of the MPELRL imposes the following requirement in connection with the duty to bargain: To meet within 10 days after receipt of written notice from the other party requesting a meeting for collec- tive bargaining purposes, provided the parties have not otherwise agreed in a written contract. -19- b. implementation after mediation requested The second per se violation of the duty to bargain alleged by the Association is implementation of MSAD 43's last best offer after the Association had requested mediation. The mediation provisions of the MPELRL do not support the Association's position. As we pointed out earlier in another context, section 965(2)(B) of the MPELRL requires participation in mediation when either party requests it prior to arbitration. While we would certainly encourage parties who wish to use the services of a mediator to make one last effort to reach agreement after interest arbitration to do so, it cannot be required. Failure to implement arbitrators' determination on duration of agreement The third major question raised by the Association is whether MSAD 43 violated its duty to bargain by failing to implement the binding decision by the arbitrators that the parties' new contract be for a two-year period covering 1991-92 and 1992-93. We find that it did. Since the arbitrators' award was issued, MSAD 43 has con- sistently ignored the duration-of-agreement aspect of the award -- making a "last best proposal" on duration in its September 15, 1992 letter to the Association (the offer being that the contract would be effective on the date of execution and expire on June 30, 1993); making the same "last best proposal" in its November 3rd letter; and including that last best proposal in a copy of the new contract mailed to the Association on November 28th. While the parties may agree to something other than what the interest arbitrators decided, neither party may unilaterally make changes in the award. MSAD 43 has defended its actions by pointing to Caribou School Department v. Caribou Teachers Association, 402 A.2d 1279 (Me. 1979). In that case, the Law Court, ruling that the Board -20- could not impose a contract provision requiring retroactive wage increases, noted that such a wage increase could also not be the subject of binding arbitration. The MPELRL itself makes that clear. 26 M.R.S.A. 965(4) (1988). If the interest arbitrators cannot make a binding determina- tion on wages, MSAD 43 argues, they cannot make one on either pensions or insurance. In addition, MSAD 43 points out, some aspects of the contract cannot be implemented retroactively -- it offers as examples medical insurance coverage and bereavement leave day opportunities that have passed. Finally, the employer points out, it did implement wage increases retroactive to January 1, 1992, consistent with its last best offer on wages. Most of the problem in connection with the duration-of- agreement issue appears to us to stem from MSAD 43's mistaken belief that its last best offer on wages and medical insurance must be, or should be, incorporated into the parties' contract. A contract, by its very nature, contains agreements reached by the parties. The Association cannot be required by MSAD 43 to sign a contract containing something it has not agreed to. Nor can MSAD 43 impose its last best offer on wages and insurance for a fixed period into the future, as the contract would do.7 Likewise, MSAD 43 cannot be required by the interest arbitration panel to extend its last best offer on wages further back in time than the offer itself contemplated. It did not do so, because the contract does not cover this issue. When MSAD 43 implemented its last best offer on wages and health insurance, it simply made two lawful unilateral changes in terms and conditions of employment (lawful under the "impasse" _________________________ 7Consequently, the statements in MSAD 43's September 15th and November 3rd "last best offer" letters that its offers on wages and insurance would be effective through June 30, 1993, were without effect. -21- exception to the unilateral change rule). Those two changes are reflected in MSAD 43's correspondence to the Association dated November 3, 1992, and no further memorialization is necessary. The new wage plan and medical insurance plan constitute the new status quo from which the parties will start any new negotia- tions on these subjects.8 In response to MSAD 43's complaint that some aspects of the contract are not amenable to retroactive application, we must point out that that is commonly the case in retroactive con- tracts. The parties should simply make those portions of the contract retroactive where they can reasonably do so. We are sure that the parties are capable of resolving this problem. (Retroactive health insurance is not an issue, since health insurance is not covered by the contract.) We also wish to point out that sections 965(4) and 972 of the MPELRL make it clear that binding interest arbitration determinations are reviewable in Superior Court. Apparently MSAD 43 did not appeal the interest arbitration award, and this Board has no authority to make changes in it, even if the arbitrators had gone beyond their authority. Section 965(1)(E) of the MPELRL includes in the duty to negotiate in good faith the duty to participate in interest _________________________ 8In the normal situation, parties sign a contract that extends for some period into the future, even if it contains a substantial retroactive component due to lengthy negotiations. Where the employer has implemented its last best offer on subjects not agreed to in the contract (wages, pensions and/or insurance), the bargaining agent would be free to initiate new negotiations on those subjects at any time, subject, of course, to the 120-day rule in section 965(1)(E). This is so because those matters, not being in the contract, are not subject to the duration-of-agreement provision in the contract. We are not faced with that situation here, since the contract term imposed by the interest arbitrators in this case expired on June 30, 1993. Presumably the parties are already in negotiations for a new contract. -22- arbitration. For that requirement to be meaningful, it must include the requirement to implement arbitrators' binding deter- minations unless overturned on appeal. Accordingly, we find that MSAD 43, by its failure to implement the duration-of-agreement arbitation determination, has failed to bargain in good faith in violation of section 964(1)(A) and (E) of the MPELRL. We will order it to cease and desist from failing to implement binding arbitration awards in the future, and to take the affirmative action of implementing the one at issue here. Finally, we will briefly address the Association's charge that MSAD 43 has enrolled employees in one health insurance plan while implementing a lesser one in the parties' contract. (Employees are currently enrolled in the MTA Blue Cross Blue Shield plan, while in MSAD 43's last best offer, it offered to contribute to the Maine School Management Plan III or a compar- able plan.) We find no violation for two reasons. As we have already pointed out, health insurance is not covered by the contract because it is not something on which the parties were able to reach agreement. More important, MSAD 43 has made the MTA plan part of its last best offer by its statement in its November 3rd "offer" letter that "the current insurance plan is comparable." Its implementation of the offer was consistent with this statement, since employees already enrolled in the MTA plan were not required to transfer to the Maine School Management plan. ORDER On the basis of the foregoing stipulations, additional findings of fact and discussion, and by virtue of and pursuant to the powers granted to the Maine Labor Relations Board by the provisions of 26 M.R.S.A. 968(5) (1988 & Supp. 1992), it is hereby ORDERED: -23- 1. That MSAD 43 and its agents and representatives shall: a. Cease and desist from refusing to bargain in good faith, and from interfering with, restraining and coercing members of the teacher aides and assis- tants' bargaining unit by refusing to implement binding interest arbitration awards. b. Take the following affirmative action that is necessary to effectuate the policies of the MPELRL: i. Implement the binding interest arbitration award issued on July 9, 1992, by including and applying a duration-of-agreement pro- vision in the parties' contract that is consistent with that award. 2. That the Association's allegations regarding violation of section 965(1)(A), (B), (C) and (D) are dismissed. 3. That the Association's request for attorney's fees and costs is denied. Dated at Augusta, Maine, this 19th day of August, 1993. The parties are hereby advised /s/___________________________ of their right, pursuant to Peter T. Dawson 26 M.R.S.A. 968(5)(F) (Supp. Chair 1992), to seek review of this decision and order by the Superior Court. To initiate such a review, an appealing /s/___________________________ party must file a complaint Howard Reiche, Jr. with the Superior Court within Employer Representative fifteen (15) days of the date of issuance of this decision and order, and otherwise comply with the requirements /s/___________________________ of Rule 80C of the Maine Rules George W. Lambertson of Civil Procedure. Employee Representative -24-

subset: commoncrawl


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- Publisher: Digital Leisure Inc.
- Release Date: Jun 14, 2012
- Also On: PC, PlayStation 3
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Oct 29, 2012Cheesy, linear and super short, and featuring shooting mechanics that feel older than the Old West. You don't need any amount of Mad Dog McCree in your life.
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Jun 14, 2012Mad Dog McCree on 3DS might be worth it for folks who want to play the famously awful FMV game and have no other way to do so. But the vast majority of players are better off either ignoring this silly game or tracking it down on a system where light gun games are more fun to play.
Dec 26, 2012It's a dire shooter with an unwieldy new controls system. [Christmas 2012, p.110]


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In the March issue of Accuracy in Academia's monthly Campus Report newsletter, AIA looks at Harvard's often uneasy relationship with the country that it is in.
Home Campus Report Harvard as U.S. Territory
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Crapitalism: A Book Review of Crony Capitalists
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Before you find him on offer as a university speaker or course, you may want to read the meticulously documented story of Cop killer Mumia Abu-Jamal by former Accuracy in Academia executive director Dan Flynn.


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Custom Landscape Concepts, LLC
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Custom Landscape Concepts
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Join Date: Feb 2009
Location: New Hartford, CT
Posts: 89
Originally Posted by
My first projects were similar, I did some work for family & friends then the first ones for clients I took on were relatively simple, flat and not all that intricate, I passed on a job or two I knew would be over my head to start off with, finally in the fall last year took on my first real major project, man did I run into every possible problem on that job too
anyway how much of your business is brick & stone work compared to landscaping & mowing? seems like we've built our businesses pretty similarly
Haha yea what can go wrong will go wrong in this business. I would say when i started the business 3 years ago it was 50/50 between mowing and brick work and now with the economy the way it is, its more like 75% maintenance and 25% brickwork. I get calls for small little walkway repairs that are barely worth the time it takes to drive out there and every once in while we get a decent stone job that comes our way. I wish I knew what I know know 3 years ago when there was a ton of work in brick and block side of the business but hopefully things turn around and people start doing those types of projects again.
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C++ developers usually try to find errors/exceptions by putting logging statements (cout, etc.) in their code to find what is going on. Some people choose to use software like Dr.Watson to get the callstack and find the exception location with some effort. As you know, the only way to catch exceptions is to use try/catch blocks. But putting these blocks makes the code less readable, and perhaps more error-prone because of the statements in the catch block.
I present here some easily usable macros which put these try/catch blocks in the code. The macros will let you catch exceptions and log the exception location in a file. If you use the macros in your code, whenever an exception occurs, you will be able to see a callstack.
It is also possible to disable exception throwing so that your program will live without exceptions.
Using the macros is very easy. Assume you have a function named myMethod:
void myMethod() { EXLOG_START ... ... EXLOG_END }
EXLOG_START is a simple a try expression. On the other hand, EXLOG_END is the catch block with the error logging mechanism.
When an exception occurs in the myMethod function, it will be caught and logged in a file. After that, if exception throwing is not disabled (will be told), the exception will be thrown to the caller function of myMethod. If you have put the EXLOG statements in the functions, the exception will be logged up to the main function.
You can disable EXLOG's exception throwing so that the exception is caught, logged, and the program will try to continue running. You can set it in any part of your code using:
EXLOG::setIsThrowExceptions(false); //default: true
Some functions may return a value instead of void. For these functions, you should use another macro EXLOG_END_WITH_RETURN to allow these functions to return a value when an exception occurs:
int myMethodWithReturn() { EXLOG_START ... ... EXLOG_END_WITH_RETURN(-1) }
So if there is an exception, myMethodWithReturn will return -1 (which is assumed the default value for this function) and the caller gets -1, and the program will go on running.
Along with the macros, the ExLogger class is also important. It is the class that logs the info to the file. It uses boost's date time classes to get a unique name for the files/logs. So you should add boost's libraries to your project.
You can also use ExLogger to log anything to the file. It is a Singleton class that has overloaded << operators which let you write easy and readable code as if you are writing to cout. You can get an instance by using the macro EXLOG:
EXLOG << myInt << "sth" << myValue << EXLOG_ENDL("");
EXLOG_ENDL is similar to std::endl which causes the log stream to be flushed into the file.
In the code, the EXLOG macros are changeable with a define: EXLOG_ENABLED. I have put this define in the header, but you can put it in your preprocessor section so that you can enable/disable EXLOG related code with just one define.
If EXLOG_ENABLED is not enabled, the macros will be replaced with the // comment expression. So, the expressions will be commented out. There is only a small problem with this usage: if you want to disable the EXLOG statements with this define, you should put the EXLOG statements in a single line.
So, for example:
is safe. But:
will cause compilation errors if you don't define EXLOG_ENABLED.
But I think this approach is more readable and maintainable than using:
#ifdef _DEBUG Exlogger::instance() << myInt << "sth" << myValue << EXLOG_ENDL(""); #endif
Project Properties >> C/C++ >> Code Generation >> Enable C++ Exceptions
and setting the value to Yes With SEH Exceptions(/EHa).
_SECURE_SCL=0 ve _HAS_ITERATOR_DEBUGGING=0
But remember to set these preprocessor settings in all the imported projects! So this last setting is optional. If you do not define these preprocessor values, the STL exceptions may not be caught/logged, but will be informed to you by assertions.
You may have thought that putting try/catch may affect performance. But you can be comfortable when using try/catch blocks. I have searched many forums and have also made performance tests. There is only an insignificant difference with try/catch blocks and without them.
Have a secure development.
This article, along with any associated source code and files, is licensed under The Code Project Open License (CPOL)
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Trixie Stone is fourteen years old and in love for the first time. She's also the light of her father's life - a straight-A student; a freshman in high school who is pretty and popular; a girl who's always looked up to Daniel Stone as a hero. Until, that is, her world is turned upside down with a single act of violence ... and suddenly everything Trixie has believed about her family - and herself - seems to be a lie.
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I have a 3'x6' pantry area. I'd like to install a "U" of open shelves (2 3' sides and 6' along the back) 12" deep. I'd like to install a ledger of 1x2 or 1x3 along the back and sides, and 3 brackets. The brackets would be at the tops of the "u" and in the center of the 6' back. I'm thinking of cutting the actual shelves from plywood in a single piece the size of the U.
Will this provide adequate support for pantry shelves? How thick should the plywood be? Think dishes, wine bottles, pots, etc. The brackets are oak, 12 inches high and 10 inches deep. Thank you! |
Follow-Up Postings:
- Posted by lightlystarched (My Page) on Sun, Dec 2, 07 at 13:15
I want to add that the brackets will definitely be screwed into studs, the ledger will be hit and miss (will use drywall anchors where necessary). Do I need lag bolts for the brackets, or just big screws? |
Cutting U-shaped shelves will probably be more trouble than it's worth. You'll find that walls aren't flat, the corners aren't square. It would require a finicky templating process to get the shelves cut to the right shape, and then it would be awkward to get them lifted into place. Dishes and wine can be quite heavy. No, three brackets per U-shaped shelf won't be enough. Drywall anchors are pointless for such loads. I might skip the brackets altogether. Instead, I'd rely on the ledger for the backs (use a stud finder), stiffen the front edges of the shelves with a 1x2 on edge, and support the fronts with vertical posts that go to the floor. The oak brackets could work, but it would take at least four per level. |
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Product Information
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New Revised Standard (NRS) | New International Version (NIV) |
12 This is the law of the temple: the whole territory on the top of the mountain all around shall be most holy. This is the law of the temple. | 12 "This is the law of the temple: All the surrounding area on top of the mountain will be most holy. Such is the law of the temple. |
New Revised Standard Version Bible, copyright 1989, Division of Christian Education of the National Council of the Churches of Christ in the United States of America. Used by permission. All rights reserved. (New Revised Standard Bible Version Online) | Scripture quoted by permission. Quotations designated (NIV) are from THE HOLY BIBLE: NEW INTERNATIONAL VERSION®. NIV®. Copyright © 1973, 1978, 1984 by Biblica. All rights reserved worldwide. (New International Version Bible Online) |


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I am searching for the ancestry of Judson Fifield, who lived in Mechanic Falls, Maine. He is the father of my wifes grandfather, Carl Fifield. Carls wife was Florence (Keene) Fifield. Judson was married to Emma Fifield. We do not know her maiden name. Any information on the lineage of Judson will be appreciated. Notify Administrator about this message?
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Betty takes a bus ride to work at the courthouse, where she imagines she's judge for a day. Betty's the cleaning lady at the local courthouse. On the way to work, she's beset by "pests."
Donning the (absent) judge's robe and specs, Betty imagines what she'd do and soon dozes off. She dreams of various punishments for the pests (spectators are invited to view them for free). Among them: an early recognition of the displeasures of second-hand smoke, and just desserts for the offender! Also, a habitual impersonator is "rewarded" by having his ears blasted with imitations of Tarzan, The Shadow and other radio characters.
Betty wakes up to find a cheering crowd proclaiming her election as the local judge.
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Judge For A Day
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- Betty Boop Theatrical Cartoon Series
- Fleischer Studios
- Distributed by: Paramount Studios
- Cartoon Characters: Betty Boop.
- Originally Released in 1935.
- Black & White
- Running Time: 7:20 minutes.
- Buy This On DVD
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By Web Intern in General on Sep 15, 2009
On October 11th, in Susanville, CA, Alanis Morissette is going to run the Biz Johnson Trail Marathon to raise money for the National Eating Disorders Association.
I don't know if you've see Alanis lately but she is kicking ass. Last year she started a new health regime, which focused on changing her diet and her lifestyle. While training for the marathon and changing her relationship with food, she decided to share this information with others and pair up with the NEDA. Through her run (it's 26.2 miles!), she hopes to raise awareness to the complex love/hate relationship we have with food, exercise, and our body.
The NEDA is a non-profit organization based in the Pacific Northwest that provides support to both individuals and families affected by eating disorders, as well as advocate for the prevention, treatment, and research of them.
Alanis, I have never done a marathon but I have heard it can be one hell of an intense experience. I just know you'll rock it.
Photo courtesy of Memoriesbox Blog.
Tagged in: General
The opinions expressed on the BUST blog are those of the authors themselves and do not necessarily reflect the position of BUST Magazine or its staff.


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This ultra-shimmery disc necklace brings refined sparkle and shimmer to day or night-out looks. Team it with everything from jeans to LBDs for a truly dazzling effect.
• Gold-tone drop pendant necklace
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The nature of SEGA's community-building initiative, coupled with the major measurement elements, required Kellie Parker, community manager of Sega of America, to divide up the various social media properties with the PR department. This made the behemoth project more manageable on all fronts.
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I�m trying to understand if going with an entirely spray foamed house for ~$5500 more is worth the extra cost or not. Hopefully some of you can help me understand the potential ROI. Thanks in advance! Here�s some details Heating � House - Anticipated utilities Current insulation plans Cost to insulate to this plan - ~$12k Can you help me understand if spending the extra $5500 is worth it? Any idea on the payback period? I�m aware of some of the other benefits of foam over just R value like air sealing and the benefits that offers. |
Follow-Up Postings:
Wow, that's a lot of money. Let's math: I'm going to assume that you'll have 6 months of summer and 6 months of winter -- that may not be true. So, if your assumptions are correct about the $300 (x 6 months) and $150 (x 6 months) power bills, you're looking at paying $2,700 total in power each (that sounds like an awful lot of money for power). And now I'm stuck . . . I was going to figure up how many months it'd take you to save the extra $5500, but I don't know how much you'd save each month by going with the extra insulation. The answer cannot be determined with the current information only. |
- Posted by energy_rater_la (My Page) on Fri, Jan 24, 14 at 14:31
you'll never get your money back using spray foam in walls. much better option is to use foam sheathing to exterior of walls. tape all seams, seal all penetrations this will add R-7, if you purchase the high insulation foam sheathing. adding R-7 to the R-19 will give you R-26. seal sole plate to slab or subfloor with double this is an efficient affordable high performance wall. here in the south we foam the roofline because note that with foam...the code mandated R-value actually $5500 isn't bad, but it makes me really best of luck |
I realize I don't have the information about the amount to be potentially saved and thus calculating the ROI, hence my question. I didn't know if anyone had some insight into the potential reduction in utilitiy bills with CC foam vs regular blown in insulation. I talked with the builder about putting a 1" XPS sheet on the outside of the OSB. He didn't seem too thrilled about it. Main issue being trying to adhear the siding to it, increased labor for install and dealing with moisture management between the XPS and the OSB. His point seemed valid hence my looking into spray foam vs XPS on the exterior. Happy to hear any counter points that address installing cement board over the XPS and moisture control between the XPS and OSB (condensation mainly during colder months). |
- Posted by energy_rater_la (My Page) on Fri, Jan 24, 14 at 17:40
"I talked with the builder about putting a 1" XPS sheet on the outside of the OSB. He didn't seem too thrilled about it. Main issue being trying to adhear the siding to it, increased labor for install and dealing with moisture management between the XPS and the OSB." builder probably hasn't ever done thistype of install.. but it isn't rocket science. moisture management isn't an issue, if furring strips are installed to nail cement board to. a little extra labor, cheap materials. if he doesn't want to spring for the furring strips, use longer nails & set nail depth on nail guns. in the foam sheathing, with foam to exterior you get a thermal break "His point seemed valid hence my looking into spray foam vs XPS on the exterior. " not much validity to his point, but by passing it off this assembly isn't just something I made up, my as for costs of your foam quote.... what does the bid say exactly? we don't use cc foam here, except under floors in crawlspaces. our foam is open cell. I'm really curious about the foam bid. best of luck. |
Have you looked into ICF? |
- Posted by AnnieDeighnaugh (My Page) on Fri, Jan 24, 14 at 20:16
We went with closed cell and are happy. In addition to the great insulation and the structural rigidity, and waterproof, and no need for vapor barrier, it has made the house very quiet as it is very sound deadening. Yes it was very expensive, and you can't run wires through exterior walls easily, but we are glad we did it. Everything we read about going green said but your money into insulation...regardless of how you generate a BTU, the longer you hang on to it, the better. |
1st up - thanks for all the great information! 2nd - I should have mentioned that we are already in construction. The 1st floor and garage are currently getting sheathed as we speak. They will start framing the 2nd floor next week, assuming the weather isn't crazy cold. Based on the above we are moving forward with stick built, no ICF's. As for rigid foam over the sheathing, I'm not opposed to it but this is my worry - http://www.greenbuildingadvisor.com/blogs/dept/musings/calculating-minimum-thickness-rigid-foam-sheathing This article suggests that I'd have to go with foam sheathing of ~4" or more based on my zone 6 location. 4" of foam over the sheathing is much more expensive and hard to install over vs just 1" of foam. My comment about moisture management earlier had to due with sorption, as highlighted in the link, not drainage issues due to improper flashing or joint taping. We are also past the point to put up insulated panels, as mentioned boards are going up as we speak. So my options as I know them are I don't have the CC foam quote, I asked the builder for the up charge and that's where the $5500 came from. Can't provide you with anymore verbiage about it other than the cost at this time. Thanks again and keep the info flowing! |
- Posted by darleneac59 (My Page) on Fri, Jan 24, 14 at 23:44
We were planning on using spray foam since we plan on living in our home for a very long time we felt we would get our money out of it. When my husband started researching it he became concerned about the off gassing. Has anyone else had concerns about this? |
- Posted by AnnieDeighnaugh (My Page) on Sat, Jan 25, 14 at 9:44
With our closed cell, it did give off an odor when it was done and for several days after that, but once the stuff cured and the walls were closed in with sheet rock, no smell at all. If you do go with spray foam, be sure to box in any in-wall speakers you might have so they don't get foamed in, and our security guy screwed up, even though we told him we were spray foaming the walls...his wires got buried and now we have all battery operated sensors on our windows...PITA. |
- Posted by energy_rater_la (My Page) on Sat, Jan 25, 14 at 10:04
did you read the link to this article? http://www.greenbuildingadvisor.com/blogs/dept/musings/cold-climates-r-5-foam-beats-r-6 2" of R-5 would be close enough if 2x6. IMO. best of luck. darlene, while I'll answer your question based on the you don't say if closed cell or open cell is to be installed if in attic & open cell it is best for homeowner to be |
Done right, the ccspf will work well--at great cost. And likely producing a lower whole wall R value than sheathing in foam board with fibrous insulation or cellulose between the studs. As energy rater says, two inches of board will do in US climate zone 6. (Polyiso boards have a higher per inch R value than XPS and will likely meet the IRC values.) I sheathe 2x6" framing in one-inch XPS in what's equivalent to US Zone 5--Toronto GTA, Canada.) And, FWIW, John Straube of Building Science Corp. agreed that that is sufficient in our climate. Your builder's inexperience in sheathing is unfortunate. Furring and/or long screws are all that's necessary. One-inch extruded polystyrene board over 2"x6" framing in cold zone construction. Photo: Heather Joy Investments Ltd. |
Very interesting artical! I was leaning toward XPS but it was only from a cost perspective guess it has some other benefits as well! I'm happy to talk to the builder more about XPS and this information is helpful. I do have a few more questions. Can you help me understand the install process for the XPS? Is it glued to the house or nailed? I assume it goes right onto the sheathing. Once up the seems are then taped? Then the siding is nailed through the XPS to the sheathing below? Does the XPS act like a house wrap now? My builder highlight a concern about the cemet board potentially being "wavy" due to having a flexible undermounting surface. Any truth to this? Once the XPS how do you create a drainage plane between it and the cement boards? I assuming this what the furring strips help with, are the necessary? Thanks again for all the help! I fully recognize its a do it now or never do it type of decision hence all the help is great! Thanks! |
- Posted by energy_rater_la (My Page) on Sat, Jan 25, 14 at 20:25
Can you help me understand the install process for the XPS? Is it glued to the house or nailed? I assume it goes right onto the sheathing. nailed. 4-6" on edges, 8" in the field of the sheathing. Once up the seems are then taped? yes. prior to cladding any holes are also sealed. Then the siding is nailed through the XPS to the sheathing below? yes. Does the XPS act like a house wrap now? yes. but some builders are uncomfortable with this. in my My builder highlight a concern about the cemet board potentially being "wavy" due to having a flexible undermounting surface. Any truth to this? not if nail guns are set correctly & the correct when nail gun depth is not set correctly to allow for nail when these things aren't done properly the siding Once the XPS how do you create a drainage plane between it and the cement boards? I assuming this what the furring strips help with, are the necessary? personally I perfer furring strips...but not for drainage. it isn't stucco..which requires a bond break. glad that you've taken time to understand why best of luck. |
Thanks again! Builder asked about doing a 1" or 1.5" XPS vs the 2". What risk am running if I go thinner than 2". I want to get the benefit while imposing the least expense and effort to adding it. I assume I will still have a vapor barrier installed between the drywall and the studs in the house. I'm sure that my builder is trying to balance out trimming out the windows if we got to 2" XPS thought I read something about 2" requiring some special strapping and window trimming techniques. I know I'm WAY over thinking this but my engineering (mechanical) brain has me running through long forgotten thermodynamics and heat transfer classes. I just want to flip to the back of the book and get the answer :) Seriously though I do like and want to understand how it works. It just seems there is a lot of info and some is slightly different. So to summarize from inside out |
- Posted by energy_rater_la (My Page) on Sun, Jan 26, 14 at 10:50
you should have warned me up front you were an engineer. (LOL!) go back & read the article, from what I got just like here in the south..no interior vapor double check me...but thats what I got. personally I like furring strips because we otoh the furring strips will provide a solid surface as far as 1 1/2" vs 2", I think you would be you do understand now that by doing this btw...my SO's son lives in Minn. I've visited only best of luck. |
- Posted by energy_rater_la (My Page) on Sun, Jan 26, 14 at 10:55
PS...after talking with SO.. hardi will follow the profile of the wall. if the studs are not straight the hardi will show these imperfections. it isn't so much what is on the wall's run string lines...that will tell the tale. |
Thanks for the additional info! As for the vapor barrier between the drywall and the studs, this is where I get confused! I'm following what you said, but reading the below link, page 14 http://www.buildingscience.com/documents/guides-and-manuals/gm-guide-insulating-sheathing The information says in cold climates you still want/ need a vapor barrier on the interior as you are trying to prevent the interior warm moist air from escaping into the wall cavity. Quote from the article If you are in LA and I'm in MN I could see how your method of using the XPS as the vapor barrier would completely fine. However may not be the case for me in MN. As for sizing the HVAC, I asked the builder about this and he said probably don't have to reduce the size... I follow your logic and may have to consult on this some more. |
It also seems, from reading the same link (page 16-18) posted that even with 2" of XPS preventing the condensation on the sheathing, during winter months, its not achievable in MN. Thus adding an interior vapor/ air barrier is required/ recommended. Based on this I'll probably just have the builder quote me 1" or on 1.5" and call it a day. |
I will not claim that I understand dew point calculations, however, with 1-1.5" of XPS, wouldn't there be condensation on the interior side of the foam?? If so, how is this handled? |
In my situation there would be house wrap over the lab. So if there was condensation it would be between the XPS and the housewrap. Thus the house wrap would handle it. |
Heard back from the builder ~$10k+ for installing XPS Need 190 sheets and ~100 hours of labor at $45/hour. Even if the sheets were free it would cost almost as much for XPS. I'm a bit surprised as is the builder. But I guess we have a lot of wall area with 10' ceilings. So... Do I do closed cell spray or just blown insulation in the walls?! |
- Posted by energy_rater_la (My Page) on Wed, Jan 29, 14 at 21:14
Does that price sound out of line to you Worthy?? kwoody, time to get an actual bid for spray foam. get some bids that describe in detail what best of luck. |
The $5500 is only the walls. 3" deep giving ~r-21. They are going to spray foam the 2 rom joists and 2" of foam on the ceiling, this is built into the existing insulation quote. I have some other quotes from spray foam companies coming in. While I don't not trust my builder I always feels better about having my own quotes for comparison. Just for example like this! |
Kw. $45/hr for LABOR????? That's 'outrageous'!! It must be union in your area!! As for the HVAC guys, they are used to using the X method that they have always used to maximize their profit and it usually sc@ews the customer. Make sure you have a manual J and blower door test done to get accurate measurements. Find someone like energy-rater in your area. She might be a member of a forum in this area and can recommend someone in your area. |
- Posted by energy_rater_la (My Page) on Wed, Jan 29, 14 at 23:26
2" in rim joists should really be 3". 2" of foam on ceiling..clarify please keep in mind with foam companies part of shop around. I doubt 100 hours labor, 3 guys @ $15 each in my area no one uses foam sheathing over best of luck |
Thanks for the additional info! 100 hour of labor at $45/ hour is based off of the framing crew he's using, which he uses for ~95% of his jobs. They have to hang 190 sheets and build out the window frames. So I don't doubt it would take 4 guys a bit of time to do…. Materials = 190*$15/ 1" sheet = $2850 The 2" CC foam will be sprayed on the ceiling to act as an air seal and provide some R value. Blown fiberglass will be added on top of the CC foam to achieve R-50 in the ceiling. Not saying it's dead but spending ~$7500… even with a 10-15% reduction in utilities doesn't seem to have an ROI that is worth the added cost. |
Got another quote back for spray foam. I asked them for 2 quotes - just as my builder has it currently spec'd out doing an entire spray foam job Difference to add the spray foam to the wall - ~$6300. So $5500 isn't out of line with this. This quote assume 3" in all the wall cavities. |
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text:
Casting in Lima, Perú
Here in Latinamerica almost every commercial or advertising that is with people are with white models.
We think its not only wrong but very excluding to not represent the people living in these countries.
Therefore we are looking for a male model between 20-30 years old in Lima with a andino/etchnic/peruvian/indian
-look. A big plus if you have long hair and/or tatoo but not mandatory. Email us some photos of you,
your cellphone number and your age to firstname.lastname@example.com
Time to make a change!


text:
Complete Jewish Bible (CJB) | New International Version (NIV) |
1 A long time afterwards, when ADONAI had given Isra'el rest from all their surrounding enemies, and Y'hoshua was old, with age taking its toll, | 1 After a long time had passed and the LORD had given Israel rest from all their enemies around them, Joshua, by then old and well advanced in years, |
2 Y'hoshua summoned all Isra'el - their leaders, heads, judges and officials - and said to them, "I am old; age is taking its toll. | 2 summoned all Israel--their elders, leaders, judges and officials--and said to them: "I am old and well advanced in years. |
3 You have seen everything that ADONAI your God has done to all these nations because of you, for it is ADONAI your God who has fought on your behalf. | 3 You yourselves have seen everything the LORD your God has done to all these nations for your sake; it was the LORD your God who fought for you. |
4 Here, I have allotted to you land for inheritance according to your tribes between the Yarden and the Great Sea to the west; it includes the land of the nations I have destroyed and the nations which remain | 4 Remember how I have allotted as an inheritance for your tribes all the land of the nations that remain--the nations I conquered--between the Jordan and the Great Sea in the west |
5 ADONAI your God will thrust them out ahead of you and drive them out of your sight, so that you will possess their land, as ADONAI your God told you. | 5 The LORD your God himself will drive them out of your way. He will push them out before you, and you will take possession of their land, as the LORD your God promised you. |
6 "Therefore be very firm about keeping and doing everything written in the book of the Torah of Moshe and not turning aside from it either to the right or to the left. | 6 "Be very strong; be careful to obey all that is written in the Book of the Law of Moses, without turning aside to the right or to the left. |
7 Then you won't become like those nations remaining among you. Don't even mention the name of their gods, let alone have people swear by them, serve them or worship them; | 7 Do not associate with these nations that remain among you; do not invoke the names of their gods or swear by them. You must not serve them or bow down to them. |
8 but cling to ADONAI your God, as you have done to this day. | 8 But you are to hold fast to the LORD your God, as you have until now. |
9 This is why ADONAI has driven out great, strong nations ahead of you; and it explains why no one has prevailed against you to this day, | 9 "The LORD has driven out before you great and powerful nations; to this day no one has been able to withstand you. |
10 why one man of you has chased a thousand - it is because ADONAI your God has fought on your behalf, as he said to you. | 10 One of you routs a thousand, because the LORD your God fights for you, just as he promised. |
11 "Therefore take great care to love ADONAI your God. | 11 So be very careful to love the LORD your God. |
12 Otherwise, if you retreat and cling to the remnant of these other nations remaining among you, if you make marriages with them and have children with them and they with you, | 12 "But if you turn away and ally yourselves with the survivors of these nations that remain among you and if you intermarry with them and associate with them, |
13 know for certain that ADONAI your God will stop driving out these nations from your sight. Instead, they will become a snare and a trap for you, whipping your sides and pricking your eyes, until you perish from this good land which ADONAI your God has given you. | 13 then you may be sure that the LORD your God will no longer drive out these nations before you. Instead, they will become snares and traps for you, whips on your backs and thorns in your eyes, until you perish from this good land, which the LORD your God has given you. |
14 "Today I am going the way of all the earth. Therefore consider in all your heart and being that not one of all the good things ADONAI your God said concerning you has failed to happen; it has all come to pass; nothing of it has failed | 14 "Now I am about to go the way of all the earth. You know with all your heart and soul that not one of all the good promises the LORD your God gave you has failed. Every promise has been fulfilled; not one has failed. |
15 Nevertheless, just as all the good things ADONAI your God promised you have come upon you, likewise ADONAI will bring upon you all the bad things too, until he has destroyed you from this good land which ADONAI your God has given you. | 15 But just as every good promise of the LORD your God has come true, so the LORD will bring on you all the evil he has threatened, until he has destroyed you from this good land he has given you. |
16 When you violate the covenant of ADONAI your God, which he ordered you to obey, and go and serve other gods and worship them, then the anger of ADONAI will blaze up against you; and you will perish quickly from the good land which he has given you!" | 16 If you violate the covenant of the LORD your God, which he commanded you, and go and serve other gods and bow down to them, the LORD's anger will burn against you, and you will quickly perish from the good land he has given you." |
Complete Jewish Bible Copyright 1998 by David H. Stern. Published by Jewish New Testament Publications, Inc. All rights reserved. Used by permission. (The Complete Jewish Bible Online) | Scripture quoted by permission. Quotations designated (NIV) are from THE HOLY BIBLE: NEW INTERNATIONAL VERSION®. NIV®. Copyright © 1973, 1978, 1984 by Biblica. All rights reserved worldwide. (New International Version Bible Online) |


text:
CP NewsAlert: Legendary Canadian figure skater Toller Cranston dead at 65
Gabrielle Daleman wins first Canadian women's singles figure skating title
Mel B believes an enemy is trying to "wreck her marriage" by...
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Arlo wants to know more about the Iron Lady.
PORT HOPE -- While many in Northumberland County are probably happy with the milder weather this winter, there is an outdoor ice rink in Port Hope which sits unused.
The outdoor rink, on Caroline Street in Port Hope, has yet to open this winter. The milder weather has forced the municipality to close the rink until favourable temperatures ensure ice can be maintained at the rink.
"It's been very disappointing (the rink has been closed), especially during the Christmas break," said Trevor Clapperton, parks manager for Port Hope. "It's frustrating. With the kids off of school, it's too bad they can't use it yet."
Last winter was one of the best years for the outdoor 200-foot by 125-foot rink, which has been around for decades.
"Last year we had the rink open straight through from mid-December to March," Clapperton said.
Clapperton said the rink was flooded on Jan. 3, but it has not been cold enough to allow for the rink to be opened. According to Clapperton, it needs to be at least minus-7 degrees Celsius during the day to keep the outdoor ice from melting.
"To say the least, it needs to be very cold for a stretch of a few days in order to maintain an ice surface safe enough for the public to enjoy," Clapperton said.
Clapperton credits a wide cast of volunteers, including Port Hope firefighters, who maintain the ice surface all season long.
He said many volunteers show up after the lights turn off at 11 p.m. to flood the ice with the firehose located nearby. Municipal workers also flood the ice in the morning and maintain the ice surface.
"It's great to see the community behind keeping the ice well maintained," Clapperton said. "A lot of the volunteers are adults who used to enjoy the ice rink when they were kids."
According to Clapperton, there is some planning and organizing in the works to refurbish the ice rink.
"We are looking to do a complete overhaul of the area, including the change rooms, the washrooms, perhaps an on-site building for a Zamboni, and replacing the boards as well," Clapperton said.
A planning committee has been set up, which Clapperton is a part of, which will even explore the possibility of placing freezing tubes under the concrete, much like an indoor arena, to allow for more days of skating.
"We are definitely in the midst of researching that possibility," Clapperton said. "The planning committee is also going to look at fundraising ideas to help with the cost of refurbishing the rink."
Clapperton said last year, the Port Hope Health Care Foundation donated $2,000 to help with the cost of maintaining the rink.
Refurbishing the rink is something Clapperton hopes to see happen in the near future.
"It's very exciting to drive by the rink at night, with all the lights on and see how much use the rink gets, and how much fun everyone is having," he said.
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A & S Mechanical in Roseneath (Northumberland County), Ontario wants to help you keep your cool...
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text: The Sabor wiki last edited by kuonphobos on 11/18/13 10:39PM View full history Sabor is a generic term for female big cats in the Tarzan series by Edgar Rice Burroughs (1875-1950) and continuations or adaptations of it. Originally Burroughs created the term to mean "tiger" in the language of the Mangani. Realizing too late the setting of his story was Africa while tigers are an Asian species. Burroughs decided to change Sabor to mean lion. But he had already established the word/name "Numa" for lions. He retconned Numa to be the descriptive name for males and Sabor that for females. Later adaptations expanded the name to (female) leopards, ignoring the term "Sheeta" created by Burroughs for that purpose.


text:
In human physiology, the period of first becoming capable of reproducing sexually. Occurring at about age 12 in girls and age 14 in boys, puberty is characterized by the maturing of the genital organs, development of secondary sex characteristics, and, in girls, onset of menstruation. Both sexes experience a swift increase in body size and changes in body shape and composition. Puberty marks the beginning of adolescence.
This entry comes from Encyclopædia Britannica Concise.
For the full entry on puberty, visit Britannica.com.
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